Hadran: Advancing Talmud Study for Women

The Mishna lists animals that cannot be used for redemption, including a calf, an undomesticated animal, a slaughtered or treifa animal, a hybrid (kilayim), or a koy (a creature of doubtful status between a domesticated and undomesticated animal). Rabbi Eliezer permits redemption using a hybrid because it is nevertheless a lamb (born to two animals in the sheep family), but forbids a koy. The Gemara explains that the Mishna follows Ben Bag Bag, who derives from a textual comparison (gezeira shava) of the word seh from the Paschal sacrifice that only a standard, kosher lamb or goat fulfills the obligation.

Four questions are asked regarding animals that may or may not be used to redeem a firstborn donkey. The first question: may a fetus that was in the womb of its mother when she was slaughtered (ben pekua) be used? At first, the Gemara assesses that the question is according to the Sages’ position regarding a ben pekua, and not Rabbi Meir’s. Mar Zutra holds it is invalid because it does not require ritual slaughter, and therefore it is considered equivalent to a slaughtered animal. Rav Ashi permits it because the Torah repeats the word tifdeh (redeem) to include all kosher sheep.

The second question: can an animal that does not resemble its mother (nidmeh) be used for redemption? At first, the Gemara assesses that the question is according to the Sages’ position and not Rabbi Eliezer’s, since it is clear he would permit it, given that even kilayim is permitted for use. Two sources are brought to answer the question, but in the end, each source is inconclusive.

The third question: may consecrated animals that became blemished (pesulei hamukdashin) be used to redeem a firstborn donkey? Rav Mari son of Rav Kahana proves from the verse comparing them to a gazelle and a deer (k’tzvi v’ka’ayal) that just as a gazelle or deer cannot be used to redeem a firstborn donkey, blemished consecrated animals likewise cannot be used.

The final question: may one use an animal that possesses Sabbatical year sanctity for redemption? One clearly cannot use it to redeem a definite firstborn donkey, as the Torah specifies that Sabbatical produce is designated “for eating” (l’okhla) and not for commerce (l’skhora). To answer the question, a statement of Rav Chisda is brought showing that one may use a Sabbatical year animal to redeem a doubtful firstborn donkey, according to Rabbi Yehuda.

Rav Chisda ruled on other issues regarding animals with the sanctity of the Sabbatical year—that they are exempt from firstborn status and obligated in priestly gifts. A difficulty is raised from a braita regarding halla, but it is resolved.

If an Israelite gives an unredeemed firstborn donkey to a kohen, the kohen is not permitted to keep it until a lamb is designated in its place immediately, as kohanim were suspected of taking firstborn donkeys without properly redeeming them.

If one designates a lamb for redemption and the lamb dies, Rabbi Eliezer and the Sages dispute who bears responsibility. Rabbi Eliezer holds that the owner remains responsible to provide another lamb (comparing it to redemption of a firstborn son, pidyon haben), whereas the Sages hold that the owner is free of responsibility (comparing it to the redemption of second tithe, ma’aser sheni). Testimony from Rabbi Yehoshua and Rabbi Tzadok confirms the Sages’ view that the kohen receives nothing if the designated redemption dies before reaching him.

Rav Yosef and Rava subsequently explain the source for Rabbi Eliezer’s position.

How much must one give to redeem a firstborn donkey? Rabbi Yosi bar Yehuda requires at least one shekel, whereas the Sages hold that any minimal amount is valid for redemption. Rav Yosef explained that the value of “any minimal amount” can even be a lamb worth a sixth of a zuz. However, in the story involving Rabbi Yehuda Nesia, Rabbi Tarfon presents three options—a generous eye, a stingy eye, and an average eye—ranging between two to four zuzim. To resolve this contradiction, it is explained that Rabbi Tarfon’s ruling applies when one comes to consult, but if one acts on their own, a sixth of a zuz is sufficient.

Reish Lakish rules that if the owner does not have a lamb to redeem it with, he may redeem it with its financial equivalent, as the Torah did not specify “a lamb” to be stringent upon him, but rather to be lenient. Initially, it was thought that he ruled in accordance with Rabbi Shimon, but because it is unreasonable to say he ruled like him (for two distinct reasons), his ruling is ultimately explained according to the opinion of Rabbi Yehuda.

If a person redeems someone else’s firstborn donkey, the redemption is valid. However, the Gemara asks: to whom does the donkey belong after redemption—is it similar to consecrated property (hekdesh) and thus belongs to the redeemer, or not? This question is answered from the law stating that a thief who steals someone else’s firstborn donkey pays double damages to the owner, showing that it is not treated as hekdesh.

An Israelite who has ten doubtful firstborn donkeys in his house designates ten lambs for them, tithes them as animal tithe (ma’aser behema), and retains them for himself, since due to the doubt he is not obligated to give them to a kohen. The same applies to an Israelite who inherited ten definite firstborn donkeys from his maternal grandfather who was a kohen, who had inherited them from his maternal grandfather who was an Israelite, or untithed produce under similar circumstances, he sets aside the tithes for them and they remain his.

One who purchases untithed, smoothed produce from a non-Jew in the Land of Israel is obligated to tithe it, because a non-Jew’s ownership in the Land of Israel does not exempt produce from tithes. Nevertheless, the tithes belong to him and he does not give them to a kohen, since he can say to the kohen: “My rights to this produce comes from the rights of a person with whom you have no legal claim.” A contradictory source is brought, but it is resolved by differentiating between teruma gedola and teruma of maaser (that the Levite gives to a kohen).

In explaining the words of the Mishna, the Gemara clarifies that from the moment the owner redeems the donkey for a lamb, it becomes the property of the kohen and stands in his domain, so that even if it dies in the house of the owner, the kohen can still derive benefit from the lamb.

Even though Rabbi Shimon and Rabbi Yehuda disagree regarding whether a firstborn donkey (peter chamor) is forbidden for benefit, Rabba maintains that Rabbi Shimon, who permits benefit prior to redemption, agrees that if the donkey was not redeemed and its neck was broken, it becomes forbidden for benefit. Rabba derives this law via a gezeira shava comparing the term “breaking the neck” (arifah) used here to that of an egla arufa, which is forbidden for benefit once its neck is broken.

Rabba attempts to prove his assertion from a braita concerning a dispute between the rabbis and Rabbi Shimon over several items regarding susceptibility to food impurity, including a firstborn donkey. In that braita, Rabbi Shimon holds it is not susceptible to food impurity, which Rabba infers as evidence that it is forbidden for benefit after its neck is broken. However, Rabba’s proof is rejected after two alternative explanations for the core debate in the braita are proposed, though ultimately both alternative interpretations are refuted as well. A further challenge is raised against Rabba from another braita, but this difficulty is successfully resolved.

Rav Huna supported Rabba’s ruling and cited two braitot to demonstrate that Rabbi Shimon considers the firstborn donkey forbidden for benefit after its neck is broken, yet both proofs are shown to be inconclusive. The Gemara then introduces a different version regarding how Rav Nachman’s opinion was framed, connecting it directly to a Mishna that discusses betrothing a woman with a firstborn donkey. An alternative version of the sugya pertaining to that Mishna is presented as well.

The opinion of Rabbi Yochanan (and some say Rabbi Elazar) is brought: he disagrees with Rabba and Rav Huna, holding that according to Rabbi Shimon, the donkey remains permitted for benefit even after its neck has been broken. Resh Lakish, however, agrees with the position of Rabba and Rav Huna.